Mark Oakley

Mark W. Oakley is an established litigation attorney concentrating on civil litigation, personal injury, construction law, and criminal and traffic defense. He also advises business clients, negotiates and drafts contracts, and handles a variety of litigation matters at all levels of the state and federal court systems. Mr. Oakley is trained and certified in the collaborative practice of law. Mr. Oakley is a graduate of the University of Maryland School of Law (J.D. 1987), and the University of Maryland, College Park (B.A. 1984). He is a member of the Maryland State Bar Association, the District of Columbia Bar, and the Bar Association of Montgomery County. He is admitted to practice before the Court of Appeals of Maryland, the District of Columbia Court of Appeals, the United States District Court for the District of Maryland, the United States District Court for the District of Columbia, and the United States Court of Appeals for the Fourth Circuit. Authored the winning brief in the case of 1986 Mercedes v. State of Maryland, a precedent-setting decision limiting the State’s power to forfeit private property.

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• Contingent Fees
  I handle personal injury claims on a contingent fee basis, meaning if there is no recovery, you do not owe me a legal fee.

District of Columbia

District of Columbia Bar

Since 1989

Maryland

Since 1988

University of Maryland - Baltimore

J.D. (1987) | Law

1984 - 1987

University of Maryland - College Park

B.A. (1984) | English

1980 - 1984

District of Columbia Bar

Member

1989 - Current

Maryland State Bar Association

Member

1988 - Current

Bar Association of Montgomery County

Member

1988 - Current

Q. How to stop child support after child graduates & turns 18 in MD?

April 18, 2025

A: Unless there is an earnings withholding order served on your employer that is automatically garnishing your pay to cover your child support obligation which you need to terminate, you simply stop paying as soon as your child turns 18 or graduates high school (whichever is later). No petition to stop paying is necessary. A court cannot order child support payments beyond the legal limits specified above, unless it is to enforce a written agreement you and your ex signed obligating you to pay through a later date. If you didn’t sign such an agreement, save your money and time, and simply stop paying after the last month in which your child graduates HS or turns 18.

Q. What are the legal consequences of a neighbor making verbal threats to harm me in Maryland?

April 18, 2025

A: MD Code, Criminal Law, § 3-803. Harassment.

Prohibited

(a) A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:

(1) with the intent to harass, alarm, or annoy the other;

(2) after receiving a reasonable warning or request to stop by or on behalf of the other; and

(3) without a legal purpose.

Exception

(b) This section does not apply to a peaceable activity intended to express a political view or provide information to others.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first offense, imprisonment not exceeding 90 days or a fine not exceeding $500 or both; and

(2) for a second or subsequent offense, imprisonment not exceeding 180 days or a fine not exceeding $1,000 or both.

§ 3-801. “Course of conduct” defined

In this subtitle, “course of conduct” means a persistent pattern of conduct, composed of a series of acts over time, that shows a continuity of purpose.

If your neighbor places you in immediate fear of physical offensive contact (approaching you in such an aggressive way that you reasonably fear he’s about to strike you, e.g.), or if he actually physically makes offensive contact with you, then he may be charged with 2d Degree Assault, which carries up to 10 years and $2500 fine. MD Code, Criminal Law, § 3-203

You also have an immediate right to file for a civil peace order, which can last up to 8 months, the violation of which is a criminal offense. The basis for a court issuing a peace order includes threats of violence and harassment. The procedure and form petition for peace order can be accessed here:

https://www.mdcourts.gov/legalhelp/peaceorders ... Read More

Q. Steps to transfer a home from a trust to a single beneficiary in Maryland.

April 12, 2025

A: Maryland’s 10% Inheritance tax only applies to non-spouses, non-lineal heirs and ancestors, and non-siblings. So, for instance, if the beneficiary receiving title to the house is a child of the deceased grantor of the trust, then there is no inheritance tax. In addition, assuming the grantor of the trust was also the previous owner of the house, then the “tax basis” in the property (the amount the grantor originally paid for the house, plus capital improvements) is “stepped up” to the fair market value of the home as of the date of death, thereby eliminating any future capital gains tax on the difference in value if the home is later sold. You will need to pay for a certified real estate appraisal. Finally, the Maryland estate tax only applies to gross taxable estates $5,000,000, and the federal estate tax only kicks in at $13-14M. So unless the trust assets and other assets includible in your mother-in-law’s taxable estate runs up against these dollar amounts, then you will not have a tax issue to worry about.

An agreement among beneficiaries should address whether the other four beneficiaries are receiving a proportionally greater share of other trust assets to make up for their interest in the house, while the one beneficiary receiving the house takes a correspondingly lower amount of those other assets; otherwise, to avoid treating the transfer of the four beneficiaries’ shares as gifts (and triggering the need for each to file gift tax returns), the agreement should be worded in terms of a “disclaimer” of the four beneficiaries’ bequest of an interest in the house.

This is a general observation of what terms may be advisable, and should not be relied upon without a thorough review by an experienced attorney, as the terms of the trust and other factors not raised in your fact pattern could affect how you structure and word and transaction or agreement. ... Read More